Neutral Citation No. - 2025:AHC-LKO:41875-DB Court No. - 9 Case :- CRIMINAL MISC. WRIT PETITION No. - 6430 of 2025 Petitioner :- Deepak Kumar Jaiswal And Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Others Counsel for Petitioner :- Ram Prasad Dwivedi Counsel for Respondent :- G.A. Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J. 1. Heard learned counsel for the petitioners, learned A.G.A for the State and Smt. Preeti, the opposite party no.4, who has appeared in person. 2. This writ petition has been filed with the following main prayers:- "i) Issue a writ, order or direction in the nature of certiorari thereby quashing the impugned First Information Report lodged by the opposite party No. 4 on 07.07.2025 at 19:20 hours, as First Information Report No. 202 of 2025, Under Sections- 115(2), 352, 351(3), 117(2), 76, 309(4) Β.N.S., at Police Station- Ikauna, District Shrawasti for the incident dated 06.07.2025 (Contained as Annexure No.-1), in the interest of justice. ii) Issue a writ order or direction in the nature of mandamus commanding the Opposite Parties particularly Opposite Party No. 2 and 3 not to arrest the Petitioner in pursuance of impugned First Information Report lodged by the opposite party No. 4 on 07.07.2025 at 19:20 hours, as First Information Report No. 202 of 2025, Under Sections- 115(2), 352, 351(3), 117(2), 76, 309(4) Β.N.S., at Police Station- Ikauna, District Shrawasti for the incident dated 06.07.2025 (Contained as Annexure No.-1), in the interest of justice." 3. It has been submitted by learned counsel for the petitioners that the petitioner no.1 got married to the opposite party no.4 in 2006 and four children have been born out of the wedlock, three children are residing with the petitioners and the fourth one is residing with the opposite party no.4. The matrimonial dispute is resulted in lodging of the impugned F.I.R. A maintenance case has been filed by the opposite party no. 4 where the Court has fixed Rs. 3,000/- per month to the opposite party no.4, which is being given by him. 4. The opposite party no. 4 has appeared in person and has stated that he has not been received any maintenance as alleged. 5. It has also been stated by the opposite party no.4 that she was severely beaten up by her husband and she suffered grievous injury and two of her teeth were also broken in the said Marpit. 6. Learned A.G.A. for the State Respondents has produced before this Court written instructions sent by Sri Prayagdutt Chaubey, Sub-Inspector of Police, Police Station- Ikauna, District- Shrawasti wherein it has been stated that medico legal examination of the victim was carried out and three simple injuries caused by hard and blunt object were found. Section 309(4) of the B.N.S. have not been made out and was deleted during the course of investigation. 7. The written instructions are kept on record. 8. We find that rest of the Sections invoked against the petitioners carry the sentence of upto 7 years of imprisonment. 9. Accordingly, we dispose of this petition with the direction to the police authorities concerned to follow the mandate of Section 35(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding Section 41A Cr.P.C.) and also the directions issued by the Hon'ble Supreme Court in the case of Arnesh Kumar Vs. State of Bihar, reported in (2014) 8 SCC 273. Order Date :- 22.7.2025 Darpan Sharma Digitally signed by :- DARPAN SHARMA High Court of Judicature at Allahabad, Lucknow Bench